Does "As Is" Really Mean "As Is?"

Hi Tony,

I hope you can answer this question for me on what we should do in this situation. We sold a 1993 Dodge Shadow for $200 through a private sale in "as is condition". Now 24 hrs later the buyer says he took it to the garage and the frame is cracked. We had absolutely no idea about this problem.

We were very honest with the buyer and told him of all problems associated with the car, as it had been parked for almost a year. Now I don't have the full $200, as I've made some purchases and did not expect this to be an issue. I'm torn though because although I would like to give him his money back, I don't have it and we did agree to $200 "as is." What do we do??

Very confused in New Brunswick,

Pauline C.

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Hi Pauline,

Listen, I'm not a lawyer so I can't give you any legal advice. I have no idea what your state's laws are regarding this. However, if you have something in writing signed by the buyer saying that he knew the car was "as is" then I would think you should be OK. I don't know for sure though.

The best thing you can do is explain to the buyer that you would like to give him his money back, but you don't have it. "As is" means what it says. If he agreed to that then I don't see what his beef is.

All my very best . . .

Tony Iorio
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